S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6058--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Aging  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the real property tax law and the tax law, in relation
   to the definition of income in relation to the enhanced STAR exemption
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of  paragraph (b) of subdivision 4 of
 section 425 of the real property tax law, as amended  by  section  3  of
 part E of chapter 83 of the laws of 2002, is amended to read as follows:
   (ii)  The  term "income" as used herein shall mean the "adjusted gross
 income" for federal income tax purposes as reported on  the  applicant's
 federal  or  state income tax return for the applicable income tax year,
 subject to any subsequent amendments or revisions, reduced  by  distrib-
 utions,  to  the  extent  included  in  federal  adjusted  gross income,
 received from an individual retirement account and an individual retire-
 ment annuity, AND DISTRIBUTION FROM A THRIFT  SAVINGS  PLAN  ESTABLISHED
 PRIOR  TO  JANUARY FIRST, NINETEEN HUNDRED EIGHTY-FOUR; provided that if
 no such return was filed for the applicable income  tax  year,  "income"
 shall mean the adjusted gross income that would have been so reported if
 such a return had been filed.
   §  2.  Subparagraph  (B) of paragraph 1 of subsection (eee) of section
 606 of the tax law, as amended by section 8 of part A of chapter  73  of
 the laws of 2016, is amended to read as follows:
   (B)  "Affiliated  income"  shall  mean  for purposes of the basic STAR
 credit, the combined income of all of  the  owners  of  the  parcel  who
 resided  primarily  thereon  as  of December thirty-first of the taxable
 year, and of any owners' spouses residing primarily thereon as  of  such
 date,  and for purposes of the enhanced STAR credit, the combined income
 of all of the owners of the parcel as of December  thirty-first  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10949-05-7

 S. 6058--A                          2
 
 taxable  year,  and of any owners' spouses residing primarily thereon as
 of such date; provided that for  both  purposes  the  income  to  be  so
 combined  shall  be  the "adjusted gross income" for the taxable year as
 reported  for  federal income tax purposes, or that would be reported as
 adjusted gross income if a federal income tax return were required to be
 filed, reduced by distributions,  to  the  extent  included  in  federal
 adjusted  gross  income,  received from an individual retirement account
 and an individual retirement annuity, AND  DISTRIBUTION  FROM  A  THRIFT
 SAVINGS PLAN ESTABLISHED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED EIGHT-
 Y-FOUR. Provided further, that if the qualified taxpayer was an owner of
 the  property  during  the  taxable  year but did not own it on December
 thirty-first of the taxable year, then the determination as  to  whether
 the  income  of  an individual should be included in "affiliated income"
 shall be based upon the ownership and/or residency status of that  indi-
 vidual  as  of  the  first  day  of the month during which the qualified
 taxpayer ceased to be an owner of the property, rather than as of Decem-
 ber thirty-first of the taxable year.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.